HB 114 Rape Crisis and Services Center Amendments passed, specifying rulemaking authority to the State Commission on Criminal and Juvenile Justice to create standards of care for a rape crisis and services center, grant eligibility standards, and compliance standards and procedures.

We testified regarding HB 213 Crime Victim Records Amendments and pushed for a committee amendment that changed the language from the office “may” to the office “shall” provide a nonpublic restitution record to the court, the prosecuting attorney, and counsel for the offender. We later encouraged an amendment, which all parties agreed to, which stated that the office shall provide the information only in the event that a restitution hearing is requested. This version passed.

HB 218 Restitution Revisions amends restitution owed by a defendant to include financial support for an individual that a deceased or incapacitated victim had a legal obligation to provide for at the time of the defendant's criminal conduct. We spoke against this bill at every opportunity and believe that this is an issue designed to be handled by the civil system, not the criminal system. Despite our concerns, the bill passed. This is an issue we expect to be working on throughout the year. This bill will be problematic if we have to handle this type of case.

A top issue this session was SB 110 Domestic Violence Amendments. In 2022, the sponsor ran H.B. 196, Transfer of Domestic Violence Cases, which allowed domestic violence misdemeanor cases to be transferred directly to district court in an effort to remove de novo review in a district court after a justice court trial. This was a priority oppose bill for us, but it managed to get through due to a rescinded amendment deal. This year, the sponsor ran SB 110 to extend domestic violence case transfer to 2029. In the last two years, we have requested specific language that would clarify that the victim must be contacted first before transfer can occur, but this change was never made. In speaking with the interested parties, we were led to believe that the bill was not going to pass, yet it did again. We worked with the house sponsor to add our requested language to HB 308 Crime Victim Amendments, which restructures victims councils and addresses relief for a violation of a victim's right. We were originally against HB 308, but backed it with our requested DV transfer language and it passed. So now, victims must be asked if they would like their case transferred and request the transfer before it can occur.

HB 322 Sexual Assault Investigation Amendments passed, requiring POST to establish and annually review the best practices for investigating sexual assaults in consultation with the Utah Victim Services Commission's subcommittee on rape and sexual assault. We will attempt to learn when the model policy is created, but anyone handling these cases should be aware of, and ask for that policy when working their cases.

HB 414 Student Right to Counsel requires an institution of higher education to allow the accused student and the alleged student victim to have legal representation at a disciplinary proceeding. This bill passed.

HB 418 Student Offender Reintegration Amendments passed. This bill is very problematic for young people and school success. It creates a new definition of “sexual crime” and “sexual misconduct” to include any conduct described in: Title 76, Chapter 5, Part 4, Sexual Offenses; Title 76, Chapter 5b, Sexual Exploitation Act; Section 76-7-102, incest; Section 76-9-702, lewdness; and Section 76-9-702.1, sexual battery. It requires an LEA to adopt a policy regarding a student who commits a violent or sexual crime. If a student has committed a violent felony or sexual crime, it provides a process for a school resource officer to provide input for the LEA to consider regarding the safety risks a student may pose upon reintegration. Establish a process to inform a school resource officer of any student who is on probation. Creates procedures for determining an alternative placement for a student if the student attends the same school as the victim of the student's crime and an individual who has a protective order against the student. This bill also adds the actual use of violence or sexual misconduct to the list where a LEA shall suspend or expel a student and clarifies reintegration plan requirements. This bill DID NOT connect to the statute on what would trigger a reintegration plan. So with HB 362, it expands to include serious offenses which would be violent felony (76-3-203.5), theft of a firearm offense (76-6-4), or a weapons offense (76-10-5). The bill did add to the list of what is required in a reintegration plan: if the violent felony was directed at a school employee or another student within the school, notification of the reintegration plan to that school employee or student and the student's parent. A school district may not reintegrate a student into a school where: a student or staff member has a protective order against the student being reintegrated; or a student or staff member is the victim of a sexual crime committed by the student being reintegrated unless the victim consents. We also worked with the sponsor of SB 246 Juvenile Justice Modifications, which requires an LEA to transfer a youth's reintegration plan to their new school for one year following the notification from the court's to the school.

SB 174 Safe Leave Amendments requires certain state employers to allow an employee to use one week of paid safe leave per year if the employee or their family member has been the victim of domestic violence, sexual assault, stalking, or human trafficking. This bill passed.